Krishnaveni Kanagaraj v. The Official Liquidator, High Court Madaras
in Comp.A.Nos.1,2, and 84 of 2020 in C.P.No.57 of 1998 M.SUNDAR.J., In the web-hearing on a video-conferencing platform today Mr.S.Sivashanmugam, learned counsel representing Mr.A.Vijayakumar, counsel on record for applicant in both these applications and Mr.Bavi Shetty Sridhar, learned 'Deputy Official Liquidator attached to this Court' (hereinafter 'Deputy OL' for brevity) on behalf of the 'Official Liquidator attached to this Court' (hereinafter 'OL' for brevity), who is first respondent in these two applications, are before me. To be noted, vide an order dated 17.09.2010, when the OL attached to this Court was appointed as Provisional Liquidator, second respondent, namely a senior Advocate of this Bar was appointed as Administrator of the Company under liquidation for the purpose of assisting / guiding the Official Liquidator.
2. In this backdrop, Deputy OL, who is before this Court, undertakes to keep Senior Advocate (Administrator qua Company under liquidation) informed about this proceedings.
3. The applicants are prospective bidders of about 164.42 acres of land in Dambucherry Village in Bodinayakkanur Taluk, Theni District (hereinafter 'said lands' for brevity, clarity and convenience).
4. Vide orders dated 28.02.2020 and 18.03.2020 in Comp.A.Nos.1, 2 and 84 of 2020, a Hon'ble single Judge of this Court drew up a calender for inspection, submission of bid by applicants and auction. Most relevant paragraph is Paragraph 3 of 18.03.2020 order, which reads as follows:
'3.Further, since the time granted in the order dated 28.02.2020 is too short, revised dates are given: Inspection dated 13.04.2020 submission date 16.04.2020 auction date 17.04.2020.'
5. Learned Deputy OL, who is before this Court, submits that the requisite paper publication could not be made owing to 'Pandemic and the consequent lock down' (which shall hereinafter be referred to as 'Covid19 situation' for the sake of convenience and clarity). Learned Deputy OL requested that the time for making requisite publication may therefore please be extended. To be noted, counsel for applicants has also come up with the same prayer. In other words, counsel for applicants wants the schedule set out in Paragraph 3 of 18.03.2020 order to be extended saying that inspection could not be done on 13.04.2020 owing to Covid-19 situation.
6. Learned counsel for applicants and Deputy OL submits that if the inspection date is now re-scheduled to 30.09.2020 (Wednesday) and if bid submission date and auction date are extended, that will serve the purpose. In other words, the plea of both parties before me is virtually the same.
7. Therefore, time line/calender drawn up in 18.03.2020 order
(paragraph 3) alone will stand revised / rescheduled as follows: Sl.No.
Description Date Inspection date 30.09.2020 (Wednesday) Submission date 05.10.2020 (Monday) Auction date 06.10.2020 (Tuesday)
8. In all other aspects, orders/proceedings made by Hon'ble Single Judge being orders/proceedings dated 28.02.2020 and 18.03.2020 in Comp.A.Nos.1, 2 and 84 of 2020 will remain unaltered and will continue to govern the parties.
9. Both the applications on hand i.e., Comp.A.Nos.138 of 2020 and 139 of 2020 are disposed of on above terms.
16.06.2020 gpa P.S: Registry to communicate a copy of this order / proceedings to learned Senior Advocate Mr.K.Alagiriswami, who is Administrator qua Company under Liquidation.
M.SUNDAR.J., gpa C.A.Nos.138 and 139 of 2020 in Comp.A.Nos.1,2 and 84 of 2020 in C.P.No.57 of 1998 16.06.2020